Paloma Creek South Solar Energy: HOA Restrictions Rules (2026)

Texas provides some of the strongest HOA solar protections in the country through Property Code 202.010, which applies to all property owners associations in Denton County and throughout Texas. Under this law, an HOA may not prohibit or restrict a property owner from installing a solar energy device on the owner's property. The HOA may adopt reasonable rules that do not prohibit solar installation or substantially impair the device's function. Specifically, the HOA may determine the location of ground-mounted systems but cannot prohibit rooftop installations. Any aesthetic requirements imposed by the HOA must not increase the cost of the solar system by more than 25 percent above the originally proposed cost and must not decrease the system's energy production by more than 10 percent compared to the original design. The HOA may require that solar panels on the roof not extend higher than the roofline and may regulate installations visible from the street to the extent those regulations meet the cost and efficiency tests. The HOA cannot require the homeowner to use a specific installer or equipment brand. Property owners should provide the HOA with written notice of their installation plans per the association's architectural review process, but the HOA cannot use the review process to effectively block the installation. This law was originally enacted as SB 398 in 2011 and has been strengthened through subsequent amendments. Courts have consistently sided with homeowners when HOAs have attempted to impose overly burdensome solar restrictions.